A freedom-of-information request has revealed Home Affairs officials did not draft legislation until after the November High Court ruling on immigration detention.
Home Affairs officials only began drafting emergency legislation to monitor criminals released from detention two days after a High Court judgment freed them, even though officials met with Immigration Minister Andrew Giles several times in the lead-up to the November 8 ruling.
Labor is also facing continued questions about the decision of a departmental delegate to remove the ankle monitor of a former detainee after he allegedly breached his curfew conditions and before he allegedly became involved in a violent home invasion on April 16. A Home Affairs spokesperson said the department provided the government with advice on legislative options “for all possible outcomes, both prior to the hearing, after the orders were made on 8 November 2023 and following reasons being issued on 28 November 2023.
During a Senate estimates hearing on February 12 this year, Home Affairs general counsel Clare Sharp said, before taking options to Home Affairs Minister Clare O’Neil and Giles on October 3.
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